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MICROWAVE ANTENNA SYS. & TECHNO v. WHITNEY-PEHL

23 Mass. App. Ct. 25 (1986)

498 N.E.2d 1059

MICROWAVE ANTENNA SYSTEMS & TECHNOLOGY, INC. vs. WHITNEY-PEHL CONSTRUCTION CO., INC., & others.

Appeals Court of Massachusetts, Middlesex.

October 15, 1986.

Attorney(s) appearing for the Case

Anne J. White (Stanley M. Epstein with her) for the plaintiff.

Bruce G. McNeill (Patrick W. Hanifin with him) for the defendants.

Present: GREANEY, C.J., BROWN, & FINE, JJ.

FINE, J.

A Superior Court judge declined to give effect to an arbitrator's award ordering Whitney-Pehl Construction Co., Inc. (Whitney-Pehl), to pay Microwave Antenna Systems & Technology, Inc. (Microwave), $3,420.84. The judge stated as his reason for so deciding that the matter determined by the arbitrator had been previously litigated in a judicial proceeding. The appeal, brought by Microwave, raises the issue whether an arbitration award, otherwise properly...

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